Supreme Court Judge Njoki Ndung’u to know fate in June

Supreme Court Judge Njoki Ndung’u will on June 6th know whether the Judicial Service Commission (JSC) will investigate her over alleged misconduct.

This is after former Law Society of Kenya (LSK) CEO Apollo Mboya presented a petition to JSC over the alleged gross misconduct of the judge in issuing an order on Friday to halt retirement of Deputy CJ Kalpana Rawal.

Mboya had accused the judge of having conflict of interest since she and two of her Supreme Court colleagues already pronounced themselves on the issue of judges retirement age.

However, Justice Ndung’u has moved to court seeking to have the commission stopped from hearing and determining the matter, arguing that it lacks jurisdiction to do so.

Njoki claims that if JSC is allowed to investigate her then she will be suspended.

On Monday, Mboya filed a petition to the JSC demanding the removal of Justice Njoki Ndung’u for alleged gross misconduct.

In his petition, Mboya wanted the Supreme Court Judge ejected after she issued a stay order shortly after the Appellate Court issued an order requiring Justices Kalpana Rawal and Philip Tunoi to retire from the court since they have attained the age of 70, as stipulated in the Constitution.

Lady Justice Njoki issued the stay order as the duty judge until a case filed by Deputy Chief Justice Rawal and Justice Tunoi challenging their retirement is heard and determined by the Supreme Court.

On Friday, the Appellate court sent Justices Rawal and Philip Tunoi home ruling that judges should retire at 70 years of age.